A conciliação empresarial e a mediação na fase recursal
Business Conciliation in the appeal phase is a strategic tool for resolving corporate conflicts, promoting quick consensual solutions, reducing procedural costs and preserving commercial relationships. This study analyzes the performance of 2nd degree Judicial Conflict Resolution and Citizenship Centers (CEJUSCs), highlighting their relevance in resolving judicial disputes and the challenges faced, such as the lack of knowledge about these centers, the lack of specialized mediators and the cultural resistance of the parties. Furthermore, mediation in MERCOSUR countries is explored, analyzing different regulatory approaches adopted by Argentina, Uruguay, Paraguay, Brazil and Bolivia. The study aims to propose measures to expand conciliation and appeal mediation, such as educational campaigns, investments in training specialized professionals and public policies that encourage the adoption of these mechanisms. The research is qualitative and adopts the hypothetical-deductive method, using legal-doctrinal comparison and exploratory and bibliographical analysis. It is concluded that the creation of public policies and the strengthening of CEJUSCs are essential for the success of business conciliation in the appeal phase.
Authors
- Raimundo da Silva Vasconcelos (ORCID: https://orcid.org/0000-0001-9692-925X)
- Zara Hussein
Publication Details
- Journal
- Revista de Direito Empresarial
- Published
- 2025-04-01
- DOI
- https://doi.org/10.52028/rdemp.v22.i1_art04.pr
- Primary Topic
- Corporate Insolvency and Governance
- Type
- article
- Field-Weighted Citation Impact
- 0.00